Are You Entitled to Post-Conviction Relief? Find Out from an Experienced Shreveport Post-Conviction Relief Attorney
If you have been unjustly convicted of a state or federal crime in Louisiana, one option for seeking justice in your case may be to file an application for post-conviction relief in state court or a habeas petition in federal court. Individuals who have been wrongfully convicted of state and federal crimes may be able to seek post-conviction relief on various grounds, and an experienced Shreveport post-conviction relief attorney will be able to assess your options based on the specific circumstances at hand.
Lee Harville is an experienced Shreveport post-conviction relief attorney who represents clients in state and federal cases. If you are entitled to post-conviction relief, Lee can take all necessary and appropriate legal action on your behalf. Seeking post-conviction relief is a complex process that can involve a variety of complicated substantive and procedural issues. As a result, if you are entitled to post-conviction relief, it will be critical for you to work with an experienced attorney who can assert your legal rights effectively.
Grounds to Seek Post-Conviction Relief
Individuals convicted of state and federal crimes in Louisiana may be able to file for post-conviction relief on various grounds. With that said, it is important to emphasize that post-conviction relief is not available in all cases. Determining whether you are eligible to seek relief in your case will require a comprehensive assessment of all aspects of your case—from the evidence presented to the actions taken (or not taken) by prosecutors and your defense lawyer during your trial.
With this in mind, some examples of potential grounds for seeking post-conviction relief after a conviction in state or federal court include:
Newly Discovered Errors
As a general rule, when someone gets convicted at trial, they must raise any errors during their trial through a direct appeal. Direct appeals are subject to strict deadlines—typically 14 days after the filing of your written judgment in federal cases and 30 days after you are sentenced in state cases tried under Louisiana law.
But if you recently discovered an error that led to an unjust conviction, you may still be able to raise this newly discovered error through a post-conviction filing. If you had no way of discovering the error before the deadline for filing a direct appeal, it may not be too late to seek the justice you deserve.
Newly Discovered Evidence
Newly discovered evidence can also serve as grounds for filing for post-conviction relief. If you have recently discovered evidence that was not presented at your trial, you may be eligible to file for post-conviction petition and seek to have the outcome of your case overturned. To have the outcome of your case overturned, however, you must be able to demonstrate that the newly discovered evidence would have had a material impact on your trial.
If you have newly discovered evidence, Lee can assess whether this new evidence warrants seeking post-conviction relief. If it does, Lee can use it as the basis for your motion or application. Lee can assess whether you have other grounds to pursue post-conviction relief related to this newly discovered evidence as well—such as prosecutorial misconduct or ineffective assistance of counsel.
Issues with Jurors or Witnesses
Juror bias, false witness testimony, and other issues involving jurors and witnesses can also provide grounds to seek post-conviction relief in appropriate cases. If you recently learned about an issue (or potential issue) with one of the jurors or witnesses involved in your case, you should discuss this with an experienced post-conviction appeal attorney promptly.
As with all other grounds for seeking post-conviction relief, standards and timing considerations apply. Lee can assess whether the issue you have uncovered could have warranted a different outcome in your case. If it could have, he can use his experience to seek appropriate relief in court.
Ineffective Assistance of Counsel
One of the most common grounds for seeking post-conviction relief after a criminal conviction is ineffective assistance of counsel. If you suffered an unjust outcome because your defense lawyer did not effectively represent you during pre-trial or trial proceedings, you may be entitled to have your conviction overturned.
To prove that you received ineffective assistance of counsel, you must be able to demonstrate that your defense lawyer failed to provide reasonably effective representation based on the standards of the legal profession. You must also be able to demonstrate that your defense lawyer’s ineffective assistance prejudiced the outcome of your case. Here, too, Lee can determine if a petition for post-conviction relief is warranted.
Prosecutorial Misconduct
Prosecutorial misconduct is also among the most common grounds for seeking post-conviction relief. If the prosecutor assigned to your case misrepresented the facts, withheld exculpatory evidence, improperly relied on compromised witnesses, or did anything else that led to an unjust conviction, you do not deserve to face the life-altering consequences of a conviction.
Here, too, you must be able to demonstrate that the misconduct at issue prejudiced the outcome of your case. If the outcome of your case would not have been any different, the prosecutor’s “harmless error” would not warrant a new trial. Shreveport post-conviction appeal attorney Lee Harville can assess whether the prosecutorial misconduct in your case was sufficient to warrant seeking post-conviction relief.
What to Expect When You Hire a Post-Conviction Relief Attorney to Represent You
When you need to challenge the outcome of your criminal case at the post-conviction stage, your choice of legal representation matters. Here is what you can expect when you hire Shreveport post-conviction relief attorney Lee Harville to represent you:
- A Comprehensive Case Assessment – Lee will evaluate all potential grounds for seeking post-conviction relief in order to provide a comprehensive assessment of your legal rights.
- Custom-Tailored Legal Advice – After assessing your case, Lee will provide custom-tailored legal advice that you can use to make informed decisions about your next steps.
- In-Depth Investigation and Research – If it appears that you may have grounds to file a petition, Lee will conduct an in-depth investigation to gather the relevant evidence, and he will thoroughly research the legal issues involved.
- Preparation of a Comprehensive Post-Conviction Petition – After gathering all necessary information, Lee will prepare a comprehensive post-conviction petition or motion that seeks the relief you deserve based on the issue (or issues) with your trial and conviction.
- Effective Representation in State or Federal Court – With decades of experience in state and federal criminal matters, Lee can provide effective representation focused on securing the justice you deserve.
Of course, there are no guarantees. While Lee can use his experience to assert your legal rights on your behalf, he cannot guarantee that your petition or motion for post-conviction relief will be successful. As discussed above, before you commit to moving forward, Lee will provide the advice you need so that you can make an informed decision based on all relevant facts and circumstances.
FAQs: Filing for Post-Conviction Relief in Louisiana
What is the difference between an appeal and post-conviction relief?
There are several differences between direct appeals and petitions or motions for post-conviction relief. Direct appeals and petitions or motions for post-conviction relief involve distinct legal and factual issues, timelines, and court proceedings. With this in mind, if you believe that you may be eligible to file for post-conviction relief (or don’t know and want to find out), you should consult with an attorney who has specific experience representing clients at this stage of the criminal justice process.
Is there a deadline for filing for post-conviction relief?
The answer to this question depends on the circumstances of your case. While there are strict federal and state deadlines for filing petitions for post-conviction relief in Louisiana, exceptions apply in certain types of cases. The federal deadline is generally one year from the date on which the judgment or conviction at issue becomes final, while Louisiana has a general deadline of two years. But you may have longer to file, and you should not make any decisions about seeking post-conviction relief until you consult with an experienced attorney.
Can I get a new trial?
In many cases, the result of filing a successful petition or motion for post-conviction relief is a new trial. If issues with your trial led to an unjust conviction, a new trial may be warranted. If the court vacates your conviction, it will be up to prosecutors to decide whether they want to re-file the charges against you. If prosecutors decide to re-try your case, seeking a plea bargain may be an option as well—and an experienced attorney will be able to help you decide how best to proceed under the circumstances at hand.
Contact Shreveport Post-Conviction Relief Attorney Lee Harville
Do you need to know more about filing a petition or motion for post-conviction relief in state or federal court in Louisiana? If so, we invite you to contact us for a confidential consultation. We handle cases statewide. To schedule an appointment with Shreveport post-conviction relief attorney Lee Harville as soon as possible, call us at 318-222-1700 or tell us how we can reach you online today.